The principle in the creation of a right in favor of a defendant who has been found guilty is entitled by law to sue the state for compensation and indemnity.
- If this was the case decades ago, we saw that English law had already reached this recognition at the beginning of the twentieth century – no.-All-Because nowadays, when human rights have risen to the forefront, it is easy-And material since then Basic Law: Human Dignity and Liberty and the Basic Law: Freedom of Occupation, Israeli law has granted some of those rights the priority status of rights-On. See, for example: Y.Karp "Criminal Law - Janus of Human Rights: Constitutionalization in Light Basic Law: Human Dignity and Liberty" [41]; A. Barak: "The Constitutionalization of the Judicial System In the wake of the Basic Laws and their implications for criminal law (substantive and procedural)" [42]; M. Alon "Legal-The foundation – anchoring the values of a Jewish and democratic state – issues in criminal law" [43]; E. Harnon “The Impact of the Basic Law: Human Dignity and Liberty on the Law of Criminal Procedure and Evidence” [44]. After being legal-The foundation will be interpreted as the law that preceded them in their spirit, and in general the law will come a provision Article 80 The Penal Law also-She. See Parashat Joseph and a Pimp [1], p. 518; Compare Parashat Reich [8], above. Indeed, legal-The foundation did not intend to change the content of the law that preceded them, but they succeeded in deriving from that nuclear law-Rights that could have been dormant-Something, and now he was awakened to life. This is the case with basic rights wherever they are, and so it is in the struggle-The interests between them and the interests that stand against them (such as the burden on the state budget, etc.). Compare: High Court of Justice 4541/94 Miller N. Minister of Defense [27], p. 114; High Court of Justice 205/94 View v. Ministry of Defense [28], at pp. 463-464; A. Barak Commentary on Law, Volume 3, Constitutional Interpretation [39], p. 528.
- According to halacha – even though not all-Thus, in fact, my daughters began-In recent years, the law has favorably favored the awarding of costs to defendants who have been found innocent. Thus, for example, in Parashat Gabay [17] (p. 43Reference was made to the guidelines published in England in 1973 (see above, paragraph 23), and Justice S. Levin made the following statement:
I am aware of the tendency of the English courts to recently expand the scope of cases in which the State Treasury will be obligated to pay expenses to a defendant who is acquitted... As for myself, I do not regret this elaboration and I am prepared to guide myself by the above, taking into account that each and every case should be considered according to its circumstances within the general discretion of the court.